(a) Daniel J. Chalker, Esq., counsel
for Smallwood;
(b) Marshall M. Curtis, Esq., counsel
for Bachschmid; and
(c) Sally C. Medley, Administrative
Patent Judge.
Counsel for Smallwood indicated that Smallwood requests
adverse judgment against it. Counsel for Smallwood further
indicated that a settlement agreement will be forthcoming.
Counsel for Smallwood and counsel for Bachschmid confirmed
that entry of an adverse judgment would be appropriate.
Upon consideration of the record, including the
discussion during the conference call, it is
ORDERED that judgment on priority as to Counts 1-15
(Paper 1, pages 5-19) the counts in the interference, is
awarded against senior party ROBERT C. SMALLWOOD.
FURTHER ORDERED that senior party ROBERT C.
SMALLWOOD is not entitled to a patent containing claims 1-15
(corresponding to Counts 1-15 respectively) of U.S. Patent
5,914,826, granted 22 June 1999, based on application
08/885,027, filed 30 June 1997.
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